How do Courts Determine "Child Support" in Nevada?


In Nevada, a parent is entitled to child support if the child lives with that parent at least 60% of the time.1 A parent is also entitled to child support if the parents share child custody in Nevada and the other parent makes more money.

In most cases, child support is a percentage of the paying parent's gross monthly income as follows:

Number of Children

% of Monthly Income

1 child

18%

2 children

25%

3 children

29%

4 children

31%

Each additional child

+2%

But child support can be more or less depending on:

  1. The parents' relative income and ability to pay, and
  2. Any special needs of the child or children.2

To help you better under Nevada's laws on child support, our Las Vegas family law attorneys discuss, below:

Young Asian girl shaking money out of a piggy bank

1. Who is entitled to child support payments in Nevada?

Under NRS 125B, a parent with “primary physical custody” of a child has a right to child support payments. A parent has primary physical custody if the child lives with that parent at least 60% of the time.

The other parent is known as a “non-custodial” parent. The non-custodial parent is the one who must usually pay child support.

If each parent has the child at least 40% of the time the parents have "joint custody." There is a special rule for child support in joint custody cases, as discussed in Section 8, below.

2. Can parents get child support if they were not married?

Child support has nothing to do with marriage. It is based solely on one's status as a parent.

Being a parent is not limited to married people. It is not even biology that determines whether you are a parent. Same-sex couples can be parents in Nevada. And in some cases, partners can agree to be parents.

To learn more about who is a parent, you may wish to read our articles on:

3. How does a court determine child support?

Child support in Nevada varies depending on:

  1. How many children are receiving support, and
  2. The “non-custodial” parent's gross monthly income.4

“Gross monthly income” means the parent's pre-tax income from all sources, including:

  • Salary,
  • Tips,
  • Commissions,
  • Bonuses,
  • Royalties,
  • Investment income,
  • Rental income,
  • Interest, and
  • Alimony from a prior marriage.

If the parent is self-employed, he or she can deduct legitimate business expenses from the calculation of gross income.5

Hand money

4. Is there a minimum amount of child support in Nevada?

The minimum amount of child support is normally $100 per month per child.

The court may reduce the minimum if the parent cannot pay it. But the court will not reduce child support if the reason the parent can't pay is because of:

  • Willful unemployment, or
  • Willful underemployment.6

This means a parent cannot avoid child support payments by refusing to work.

If a parent does so, the court will order child support based on the parent's true potential earning capacity.7

5. Is there a maximum amount of child support in Nevada?

Nevada child support payments “cap out” at a “presumptive maximum amount” per child.

The presumptive maximum is the most a court can order a parent to pay, unless:

  • The parents have a written agreement providing for a higher amount,  or
  • The child has special needs as set forth in Section 6, below.8

As of May 2017, the presumptive maximum amounts of child support in Nevada are:

Gross Monthly Income Presumptive Max. Amount
$0–$4,168 $500
$4,168 – $6,250 $550
$6,351 – $8,333 $600
$8,334 – $10,417 $650
$10,418 – $12,500 $700
$12,501 – $14,582 $750
$14,583 & above $800

Nevada law adjusts the presumptive maximum amount every year to reflect increases in the cost of living.9

Effective July 1, 2017, the new amounts will be:

Gross Monthly Income Presumptive Max. Amount
$0–$4,234 $696
$4,235 – $6,350 $765
$6,351 – $8,466 $837
$8,467 – $10,584 $905
$10,585 – $12,700 $975
$12,701 – $14,815 $1,043
$14,816 & above $1,115

6. When can a court award extra child support?

The court can increase the amount of a child support a parent owes. It can do this if the parent with custody needs more for: 

  • Health insurance;
  • Child care;
  • Special educational needs;
  • Special services that the parent with custody contributes;
  • The costs of transporting the child to the other parent for visitation rights;
  • Public assistance paid to support the child; or
  • Any other necessary expenses for the benefit of the child.10 

But both parents are equally responsible for health care expenses not reimbursed from another source. The exception is if there are extraordinary circumstances11

Two cute young special needs children in school

7. When can a court award less child support?

The court may order less child support than the statute calls for based on:

  • A parent's legal responsibility for the support of others;
  • The amount of time the child spends with each parent; and/or
  • The relative income of both parents.12

8. Child support when parents have joint custody

Sometimes parents share joint custody of their children. Joint custody exists when each parent has physical custody of a child at least 40% of the time.

When there is joint custody each parent must support the children. In the interest of fairness, the parent making more money must pay support to the parent making less.

Nevada courts calculate this difference using a formula called the Wright v. Osburn offset.13

The calculation is straightforward. Simply take the amount each parent would owe if they did not have custody. Then subtract the smaller amount from the larger one. The parent who earns more must pay this difference to the one who earns less.

Example: Michelle and Ned share joint custody of their two young children. Michelle makes $6,000 a month. Ned makes $4,000 a month.
Under Nevada law, the amount of child support for two children is 25% of gross monthly income. For Michelle, this is $1,500 per month (25% of $6,000). For Ned, this is $1,000 per month (25% of $4,000). The court will subtract $1,000 from $1,500. This leaves $500. Michelle must pay this amount to Ned since he earns less than she does.

9. Can a Nevada child support order be modified?

Either parent can petition the court to modify a child support order when:

  • The child has new special needs (such as medical care), or
  • A parent can no longer afford to pay child support due to changed circumstances (such as losing a job),
  • The other parent's income has increased, or
  • It has been 3 years or more since the court's last review.14

A court must review a child support order if a parent's gross monthly income has changed by more than 20%. It will also grant the petition if it has been at least 3 years since its last review. Otherwise, the court has the discretion to grant or deny a review.

If the court agrees to modify child support the new order will only apply to payments that have not yet accrued. The amount of support will not change with regard to any past due payments.

judge's gavel on a pile of money

10. What if the other parent lives out of state?

Parents entitled to child support from an out-of-state spouse may need to seek the help of an attorney in the other state.

Our firm has offices in California and Colorado, as well as relationships with lawyers in other states.

11. When do child support payments end?

Child support payments normally cease when:

  • The child turns 18, or
  • Another family legally adopts the child.16

A parent must continue to pay support for a handicapped (disabled) child who is 18 or older until:

  • The child is no longer handicapped, or
  • The child becomes self-supporting.15

The law considers a child self-supporting if the child receives public assistance and it is sufficient to meet the child's needs.

But the obligation to pay support for a disabled child applies only if the child became handicapped before he or she turned 18.

12. What happens if a parent does not pay child support?

A child support order is a legal court judgment. The parent entitled to child support may take the other parent to court to enforce it.17

Failure to pay child support in Nevada for any significant period of time is also a crime.

If the parent owes less than $10,000 in delinquent child support, non-payment is a misdemeanor. Punishment can include:

  • Up to 6 months in jail, and/or 
  • Up to $1,000 in fines. 

If a parent owes more than $10,000 in child support, failure to pay is a felony in Nevada. Penalties can include:

  • 1 - 5 years in Nevada State Prison, and 
  • Up to $10,000 in fines.

13. Can the state of Nevada help me collect child support?

The state can provide assistance with some child support issues. The agency that provides help is the Nevada Department of Health and Human Services, Division of Welfare and Supportive Services.

Parents can obtain this assistance by completing an Application for Child Support Services

There is also a Nevada Interstate Child Support Office that can help you if your child's other parent lives out of state. 

But in either case you will likely receive faster and better results by hiring your own lawyer.

14. How can a family lawyer help?

Once a court enters a child support order, it can be costly and difficult to change it.

If you are the parent receiving support, a lawyer can help ensure your receive the maximum your child deserves. And if you are the one paying support, a lawyer can make sure you don't pay more than you are legally required or willing to.

An experienced Las Vegas child support lawyer can also help you:

  • Obtain custody of your children or modify a child custody order,
  • Enforce your visitation rights,
  • Get reimbursement for your child's unpaid medical bills, or
  • Enforce a court order for unpaid child support.

Need help with child support in Las Vegas? Call us…

female receptionist

If you need help negotiating, enforcing or defending against a child support order, we invite you to call us for a free consultation.

To schedule your free consultation call us at 702-DEFENSE (702-333-3673). Or complete the form on this page.


 Legal references:

  1. NRS 125B.030A.
  2. NRS 125B.070 (1).
  3. See also NRS Chapter 126 -- Parentage.
  4. NRS 125B.070 (1).
  5. NRS 125B.070 (1)(a).
  6. NRS 125B.080 (4).
  7. NRS 125B.080 (8).
  8. NRS 125B.080 (2).
  9. NRS 125B.070.
  10. NRS 125B.080 (9).
  11. NRS 125B.080 (7).
  12. NRS 125B.080 (9).
  13. Wright v. Osburn 970 P. 2d 1071 (1998).
  14. NRS 125B.145.
  15. NRS 125B.120 (2).
  16. NRS 125B.110 (1).
  17. NRS 125B.140.
  18. Same.

Save

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370